Second Hearing Planned On Center

January 20, 1996|By TINA MCCLOUD Daily Press

MATHEWS — A second public hearing has been scheduled to hear citizens' comments on a controversial shopping center proposed for Ward's Corner in Mathews.

That was good news for the Mathews Citizens for Concerned Development group, which has hired a lawyer to help it fight the shopping center on environmental grounds. The group contends that the sewage disposal system planned for the shopping center will pollute Stutt's Creek.

``Obviously we are pleased generally with the way things are going,'' said Ted Broderson, co-chairman of the group.

Acting on the advice of Trent Funkhouser, director of planning and zoning, the Planning Commission set the unusual second hearing during its Thursday night meeting. The hearing will begin at 7:30 p.m. Feb. 8 at the courthouse.

The group's lawyer had demanded a second public hearing because a water quality study was not available for the public to read and comment on before the first hearing. Mathews County's attorney agreed with this contention, Funkhouser told the commission.

Usually people can comment only at one public hearing on a zoning matter. After that, citizens are not allowed to make comments while the officials consider the matter.

Because of this rule, some citizens were angry at the Thursday meeting because they were not allowed to rebut statements made by Supervisor John A. ``Jay'' Black III, who is the supervisors' representative to the Planning Commission.

Holding up a stack of letters, Black said, ``I've got to tell you, I'm very concerned because there seems to be a great deal of bad information and misinformation'' about the shopping center. Every week, he said, the local weekly newspaper has printed letters that contain ``significant, material'' misstatements or inaccuracies. However, Black refused requests from the audience to give examples of the errors.

After the meeting about a dozen people talked with Black. He said he did not mean to imply that all the letters were inaccurate. He cited a letter from group member Wendy Wells, referring to requirements of the zoning ordinance, which, he said, was not correct. Wells stood by her letter.

Also on Thursday, the commissioners refused to commit themselves to making a recommendation on the center, as Funkhouser had asked.

By law, the commission has to make a recommendation to the Board of Supervisors within 90 days from the date of the public hearing. If counted from the Nov. 16 public hearing, the deadline is Feb. 14. The lawyer for developer Robert Foster of Tre-Suz-Ann Development said Thursday night that deadline still holds true.

Funkhouser said he believes the commission could deliberate for 90 more days, but asked them not to because of the needs of other planning business. The planner said he would try to get an answer from the county attorney early next week about the deadline.

After the meeting, Funkhouser said he should have required Foster to submit the water study when he applied for a special-exception permit to build the center. Funkhouser said he originally told Foster the water quality study would not be required until later in the zoning process. After a closer reading of the zoning ordinance, however, Funkhouser said he determined ``that was an incorrect interpretation.''

Funkhouser said he then told Foster the study was needed immediately, before he had received the letter from the group's attorney. The preliminary study, done by an engineer and soil scientist, was received in the zoning office Jan. 12, said Funkhouser.